Chapter XX
Section 259 CrPC: Power of Court to convert summons-cases into warrant cases
New Law Update (2024)
Section 297 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Simple Imprisonment up to 6 Month(s)
Cognizable?
Bailable?
Compoundable?
Bare Act Text
When, in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that, in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may recall any witness who may have been examined.
Important Sub-Sections Explained
Landmark Judgements
Kewal Krishan v. Suraj Bhan (1980):
The Supreme Court clarified that the power under Section 259 is discretionary and can be exercised by the Magistrate when a summons-case relates to an an offence punishable with imprisonment exceeding six months, and it appears to be in the interests of justice to try it as a warrant-case. The decision to convert must be based on the Magistrate’s informed opinion, not merely for convenience.
T.A. Hariharan v. S.N. Subramaniam (2009):
This judgment reiterated that the Magistrate’s discretion to convert a summons-case to a warrant-case under Section 259 CrPC must be exercised judiciously, after due application of mind to the facts and circumstances of the case, and with recorded reasons. Such conversion serves the broader interests of justice and ensures a fair trial, especially when the gravity of the offence warrants a more elaborate procedure.